The Language of
Sexual Assault Crimes
By Detective David Williams
Fayetteville Arkansas Police Department
“Comfort Women”
Language Matters
Cases are won and Lost Due to Excellent or
Poor Language Choices During:



Victim Interviews
Documentation
Testimony
Victim’s Behavior
Characteristics:








Self blame
Humiliation and embarrassment
Loss of affect or numb response
Omission of details
Reluctance to report
Incomplete memory
Nightmares/flashbacks
Anger at others for not protecting him/her
Emotions Involved with Sexual
Assault







Humiliation
Shame and self-blame
Guilt
Fear of people
Grief and depression
Denial
Anger and irritability
Issues Specific to Sexual
Assault


Sexual assault is one of the few crimes that
requires intense scrutiny into the believability
of the victim’s description of the event
It is probably the only crime in which the
suspect can successfully defend himself by
claiming the victim consented to the crime
Three Major Needs Victims
Have
1.
2.
3.
The need to feel safe.
The need to express their emotions.
The need to know what comes next after
their victimization.
The Role of Professionals
The dignity and healing of victims depends on the
respect and assistance extended by
professionals.
Re-victimization





Insensitive questioning by police
Criminal justice attitudes suggesting that the
victim contributed to his/her own victimization
Delays in the return of personal property
Fear of reprisal by the defendant
Lack of information on the status of the case
Things NOT to Say






Everything is going to be alright
Don’t cry
You shouldn’t feel that way
I know how you feel
You must get on with your life
I promise I’ll get this guy and he’ll go to prison
for a long time
REMEMBER, YOU ARE
THERE FOR THE VICTIM,
THE VICTIM IS NOT
THERE FOR YOU.
Language in Interviews



Language is critical in victim interviews.
The victim may be “the best evidence” in a
case if approached with the right interviewing
techniques,.
Mistakes by an officer during the interview or
in reporting can have a positive or negative
impact on the case.
Language CAN




Explain her thoughts and feelings
Discover valuable corroborating clues
Make a victim more willing and able to
navigate the criminal justice process
Lead to successful prosecution of a Known
Violent Offender
Language CAN Also



Shut her down
Confuse or under-inform judges, juries,
media
Lose cases that should have been won
Good Verbal and Written
Language Skills





Maintains cooperation from victim.
Clears up inconsistencies in statements.
Encourages victim to tell the entire truth and
not omit information which would later be
used to challenge his or her credibility, e.g.
drug or alcohol use.
Builds a stronger case.
Avoids re-victimization.
The Interview






Build rapport and trust
Explain the purpose of the interview
Address questions the victim can’t answer
Address concerns regarding prosecution
Use open-ended questions
Allow the victim control
Importance of a safe,
nonjudgmental environment
Encourages
a more thorough and truthful
report
Remove the incentive to be untruthful.
My favorite place
Information Needed by the
Investigator

Describe







Victim’s behavior and relationship with the
suspect
Suspect’s behavior
Document specific acts committed
Suspects sexual behavior
Establish force or threat of force
Suspects description
Establish M.O. or signature
Challenge: Lack of Physical
Resistance

Victims often don’t resist because they are
surprised, confused or fear injury or death.

They are threatened if the assailant is larger
and/or stronger.

They are under the influence of drugs or
alcohol.
Police reconstruct the victim’s
reality


Describe her account including her thoughts
and feelings.
Reconstruct her reality for prosecutors and
jurors so they will understand why she didn’t
physically resist her assailant.
Challenge: Delayed Reporting


Delayed reporting is typical, especially in
non-stranger assault.
“Imagine a child molested by a stepfather or
other relative versus a stranger in the park.
In which case is the victim most likely to go to
police?”
Why victims delay reporting?




They fear they won’t be believed.
Fear what will happen to their lives after they
report.
They don’t recognize what happened to them
as a crime.
They feel shame and guilt.
Overcoming the challenge of
delayed reporting

The interview should obtain information which
explains the delay in reporting.

Thorough documentation of actions and
thoughts.

Interviews with others the victim disclosed the
assault to, especially the first person.
Dealing with Inconsistent or
Untrue Statements

Why will a victim make an inconsistent or
untrue statement?






Rape trauma syndrome
Discomfort talking about sex
Repeated interviews
Fear of blame, shame
Their own drug or alcohol use
Their own illegal behavior
Problematic Language Areas in
Documentation and Testimony
Erotic/Affectionate Characterization of
Sexual Assault


“Suspect then made love with her…”
“She then had sex with him…”
Problematic Language Areas in
Documentation and Testimony
Sexual Assault as Distinct from Violence


He kissed her and then put his penis into her
vagina.
He held her and slid two fingers into her.
Problematic Language Areas in
Documentation and Testimony
Appropriate Resistance by the Victim or
Questionable Actions of Victim




Victim stated she didn’t do anything to stop him.
Victim never made any attempt to scream or get
away.
Victim willingly drank alcohol with him.
Victim never called the police after the alleged
attack (delayed reporting).
Problematic Language Areas in
Documentation and Testimony
Good Character of the Offender




Smith was polite and calm during the
interview.
He said he would never hurt a woman.
Smith indicated that Victim is bi-polar and off
her medications.
Smith promised he would take care of her so
we would not have to come back out.
Problematic Language Areas in
Documentation and Testimony
Grammatically Omitting or Minimizing
Agent of the Assault



Victim was assaulted.
The woman said she is a victim of abuse.
She said he is never violent unless he drinks.
Problematic Language Areas in
Documentation and Testimony
“Cop Speak”



“Suspect exited the vehicle and proceeded…”
Oral Copulation
Digital penetration
Strategy
Erotic/Affectionate Characterization of
Sexual Assault
Appropriate use of verbs and descriptions:
Raped or Sodomized as opposed to “had sex
with” or “made love with…”
Strategy
Sexual Assault as Distinct from Violence
Include the violence in your reports and
testimony and use vivid verbs.


Suspect clamped his mouth onto Victim’s and
forced his tongue into her mouth…
Suspect shoved his penis into her vagina and
raped her…
Strategy
Lack of Resistance or Questionable Actions
by Victims
 Articulate her fears
 Understand WHY she didn’t report
 Be honest about drug/alcohol use (it’s the
omission that’ll get you)
Strategy
“Good Character” of Suspect or Suspect’s
Efforts to Blame Victim
 Understand “Batterer’s M.O.”
 Recognize efforts to charm/manipulate you.
Strategy
Grammatically Omitting or Minimizing
Agent of the Assault
NAME the Suspect and keep that person as
the SUBJECT (action-taker) in your
reports and testimony
Bob Smith raped his girlfriend during the
argument...
Strategy
Cop Speak
Talk and Write Like a Professional,
Approachable Person
 The suspect jumped out of his car and ran…
 He then forced two of his fingers into her
vagina…
Conclusion
The words we use when speaking to victims
and when documenting their responses
and our findings are CRITICAL in terms
of:
 Successful Prosecution
 Long-term Emotional Recovery of Victim
 The Safety and Well-Being of our
Communities